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09 September 2025
Issue: 8130 / Categories: Legal News , In Court , Criminal
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The Sentencing Bill: Crime & punishment revisited

Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release

The government’s Sentencing Bill, introduced in Parliament last week, would introduce a presumption that all prison leavers will be tagged on release, while those who break the rules could see their release date delayed.

The Bill, which implements the majority of David Gauke’s ‘Independent sentencing review’, creates a presumption to suspend short sentences of 12 months or less, unless exceptional circumstances exist, a court order has been breached or there is a significant risk of harm to an individual. These accounted for more than 49,000 adult prisoners (about 62%) last year.

Judges would be able to suspend sentences of up to three years in prison, and ban offenders from bars, pubs, clubs, football matches and other events, and impose restriction zones under more creative community sentencing.

Law Society vice president Mark Evans said: ‘The data shows that short prison sentences are ineffective at stopping re-offending.’

Pia Sinha, chief executive of the Prison Reform Trust, said the Bill ‘rightly seeks to expand the use of effective alternatives to custody, while reserving prison for more serious offences.

‘Some measures, however, require careful scrutiny. Earned release must not replicate existing inequalities, particularly for young adults and minority ethnic groups; electronic tagging should only be used where evidence shows it is effective’.

Bar chair Barbara Mills KC welcomed greater use of electronic tagging, more creative community sentencing and the proposals for earned progression, which ‘rightly encourage better behaviour while in custody, while punishing those who continue to flout the rules’.

The Bill also clips the wings of the Sentencing Council, requiring the approval of both the Lord Chancellor and Lady Chief Justice before definitive sentencing guidelines could be implemented. 

Issue: 8130 / Categories: Legal News , In Court , Criminal
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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